“We’re Not Gonna Take It’ was not an original work by Twisted Sister’s Dee Snider, rather a rip-off of the centuries-old ‘O Come, All Ye Faithful’.”
Clive’s ads have used a take-up of the Twisted Sister classic We’re Not Gonna Take It, presumably without permission. After Twister Sister frontman Dee Snider was alerted to this, there was a tweet:
"We're Not Gonna Take It" is a song about EVERYONE'S right to free choice. "We've got the right to chose and there ain't no way we'll lose it!" The FIRST LINE of the first verse! Clive Palmer and the @PalmerUtdParty are NOT pro choice…so THIS AIN'T HIS SONG!
— Dee Snider (@deesnider) January 2, 2019
Palmer, who is believed to have contacted Snider’s label before not paying the licensing fee, then hit back suggesting that somehow his unlawful use of another person’s intellectual property suggesting that Snider was against free speech.
We believe in everyone’s right to choose and freedom of speech. Why try to stop us promoting freedom of speech & free choice?
— Clive Palmer (@CliveFPalmer) January 2, 2019
Of course, this isn’t a matter of free expression because Palmer has the ability to express his opinions without violating copyright.
Entertainment lawyer Ruthanna Klawansky said to Fairfax
“He’s looking pretty exposed on the basis that he doesn’t have permission to use the song,” Ms Klawansky said.
“Whenever someone is using someone else’s work, the general position, although there are some exceptions, is that you need permission from the rights-holder to do that.”
Later Palmer’s party made the absurd suggestion that Snider’s song was based on an O Come, All Ye Faithful, an 18th century hymn.
Even if the melody was in the public domain as Palmer’s party doesn’t claim (instead claiming that Snider would have to pay for the use of a 300 year old composition – for some reason), its obvious that Mr Palmer appropriated the lyrics and meaning of the Twisted Sister song and made miniscule adjustments to them without permission which – I believe it’s important to note – is still copyright infringement. Compare for yourself.